Article 1: Scope
1.1. These terms and conditions govern the contractual relationship between Lexigogo BV, with registered office at Nijverheidsstraat 7, 3990 Peer (Belgium), company number 0683.505.055, RPR Hasselt (hereinafter referred to as “Lexigogo”) and the customer.
1.2. These terms and conditions apply to all activities and all invoices from Lexigogo to the customer and to all agreements between Lexigogo and the customer. These terms and conditions form an integral part of the agreement with the customer. Any deviation from these terms and conditions must be expressly agreed in writing.
1.3. The customer accepts the application of these terms and conditions by the mere fact of making a purchase, placing an order, or entering into an agreement with Lexigogo. The customer has been given the opportunity to take note of these terms and conditions in advance.
1.4. If one or more provisions of these terms and conditions are wholly or partially invalid or void, this shall not affect the validity of the remaining terms and conditions. The parties undertake to replace the invalid clause with a legally valid clause that corresponds to the original intention of the parties or comes as close as possible to it.
Article 2: Price
2.1. All prices are expressed in euros (excluding VAT). Any increase in the VAT rate or any other tax, even if the change occurs between the order and execution of the services, shall be borne by the customer.
2.2. Lexigogo reserves the right to correct any typing errors in the quotation. Lexigogo may also unilaterally change prices if these price changes are due to objective circumstances beyond its control, such as changes in VAT, taxes and excise duties, delivery costs, purchase costs, etc. This list of objective circumstances is not exhaustive and is provided by way of example.
Article 3: Payment
3.1. Invoices are payable by bank transfer, credit card, or cash at Lexigogo's registered office, unless expressly agreed otherwise between the parties.
3.2. Invoices are payable within fourteen (14) days of the invoice date, unless expressly agreed otherwise.
3.3. If the invoice is not paid or not paid in full on the due date, interest of 10% per month shall be payable by operation of law and without any notice of default being required, calculated from the due date of the invoice. The invoice will also be increased by a fixed compensation for late payment equal to 10% of the invoice amount, with a minimum of 150,00 EUR per invoice.3.3. If the invoice is not paid or not paid in full on the due date, interest of 10% per month shall be payable by operation of law and without any notice of default being required, calculated from the due date of the invoice. The invoice will also be increased by a fixed compensation for late payment equal to 10% of the invoice amount, with a minimum of 150,00 EUR per invoice.
3.4. All complaints must be sent to Lexigogo's registered office by registered mail within seven (7) calendar days of receipt of the invoice.
3.5. In the event of non-payment of an invoice, all outstanding invoices, even those not yet due, shall become payable by operation of law and without notice of default.
3.6. In the event of late payment of an invoice, Lexigogo reserves the right to immediately suspend the service and only resume it after payment of all outstanding and due invoices.
Article 4: Right of withdrawal
If the customer is a consumer and the agreement between the parties is a distance contract, the customer does not have a right of withdrawal (Article VI.53 WER).
Article 5: Risk
On the invoice date, all risks are transferred to the customer and all costs are borne by the customer.
Article 6: Intellectual property
Lexigogo is and remains the sole owner of all intellectual property rights relating to its applications (mobile app, website, etc.). At no time are Lexigogo's intellectual property rights transferred to the customer, unless the parties expressly agree otherwise in writing.
In order to use the mobile app, the customer must accept the terms of use, which contain more detailed provisions regarding intellectual property rights.
Article 7: Confidentiality
The customer undertakes to keep all confidential information received from Lexigogo confidential. Lexigogo will inform the customer in advance whether information is to be considered confidential.
Article 8: Delivery and performance
8.1. Upon conclusion of their agreement, Lexigogo and the customer shall agree on the desired delivery period. This may be immediate or at another desired time.
8.2. The delivery and execution times are provided for information purposes only and are therefore not binding. Delays in delivery or execution can never give rise to compensation, cancellation of an order, or termination of the agreement.
Article 9: Termination and cancellation
9.1. The agreement between the parties shall be terminated at the expense of the customer in the event of liquidation, dissolution, or death of the customer.
9.2. In the event of cancellation of an agreement entered into, either verbally or in writing, by the customer, a fixed compensation shall be payable to Lexigogo equal to 40% of the agreed total amount, without prejudice to Lexigogo's right to obtain higher compensation.
9.3. In the event of refusal to receive Lexigogo's services, a fixed compensation equal to 40% of the invoice amount shall also be payable to LXGG.
Article 10: Liability
Lexigogo shall not be liable for damage of any kind, except in the case of intent or gross negligence on its part or on the part of its appointees, unless the parties expressly agree otherwise in writing. In any case, the amount of any compensation shall be limited to the amount agreed between the parties for the transaction, on the understanding that this amount shall in no case exceed the amount to be paid out by Lexigogo's insurer in this regard.Lexigogo undertakes a best efforts obligation in the performance of its work.
With regard to liabilities arising from the use of the mobile app, its terms of use, which are known and accepted by the customer before the start of use, contain additional provisions that apply in full.
Article 11: Force majeure and changed circumstances
Lexigogo is not liable in situations of force majeure (such as war, strike, lockout, power failures, theft, fire, epidemic or pandemic, restrictions imposed by the government, logistical problems with third parties, etc.) which could result in Lexigogo being unable to fulfil its obligations or unable to do so on time. Lexigogo's obligations will be suspended for the duration of the force majeure. If market conditions have changed, Lexigogo may renegotiate the agreements made in accordance with Article 5:74 BW.
Article 12: Complaints
Any complaints regarding the services provided must be sent to Lexigogo by registered mail within five (5) calendar days of delivery.
Article 13: Data protection
13.1. Lexigogo undertakes to comply to the best of its ability with the provisions of the General Data Protection Regulation, as also stated in its Privacy Policy.
13.2. The customer hereby expressly confirms that all data transferred to Lexigogo has been collected in accordance with the General Data Protection Regulation. Consequently, the customer shall indemnify Lexigogo in the event that it receives any claim from a natural person whose data has been transferred to, collected and/or processed by Lexigogo by the customer.
Article 14: Applicable law and jurisdiction
14.1. All legal relationships between Lexigogo and the customer are exclusively subject to Belgian law.
14.2. The courts of the judicial district of Antwerp, Hasselt division, shall have exclusive jurisdiction over any dispute between the parties.